(A) Purpose. The purpose of this section is to provide the city with rules and regulations to improve public safety by promoting the control of fire hazards; regulating the installation, use and maintenance of equipment; regulating the use of structures, premises and open areas; providing for the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and setting forth the standards for compliance and achievement of these objectives.
(B) Loss Control and Investigation Division. The 2012 edition of the North Carolina State Fire Code and any and all subsequent editions, amendments and appendices thereto recognized and enforced by the NC Department of Insurance, is hereby adopted by reference as though it were copied herein fully. It shall be enforced by the Loss Control and Investigation Division of the Fire Department which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.
(1) The Fire Marshal shall be the Administrator of the Loss Control and Investigation Division. The Fire Marshal shall be responsible for the direct administration and enforcement of the Fire Prevention Code as may be set forth by the Fire Chief. The Fire Marshal shall be appointed by the Chief of the Fire Department.
(2) The Fire Chief may also designate such number of technical inspectors as shall from time to time be authorized by the City Council. Such technical inspectors shall be appointed by the Chief of the Fire Department. The Inspectors of the Loss Control and Investigation Division shall enforce all laws and codes of the city covering the following:
(a) The prevention of fires;
(b) The storage and use of explosives and flammables;
(c) The installation and maintenance of automatic and other fire alarm systems and fire extinguishing equipment;
(d) The maintenance and regulation of fire escapes;
(e) The means and adequacy of exits, in case of fire, from factories, schools, hotels, lodginghouses, asylums, hospitals, churches, halls, theaters, amphitheaters and all other places in which numbers of persons work, live or congregate, from time to time, for any purpose;
(f) The investigation of the cause, origin and circumstances of fires; and
(g) The maintenance of fire cause and loss records.
(3) They shall have such other powers and perform such other duties as set forth in other sections of this Code and as may be conferred and imposed from time to time by law. The Fire Chief may delegate any of his or her powers or duties under this Code to the Fire Marshal.
(C) Inspection schedule.
(1) In order to preserve and to protect public health and safety, and to satisfy the requirements of G.S. §§ 153A-364 and 160A-424, political subdivisions assuming inspection duties, as set out in G.S. §§ 153A-351 and 160A-411, shall have a periodic inspection schedule for the purpose of identifying activities and conditions in buildings, structures and premises that pose dangers of fire, explosion or related hazards.
(2) The following inspection schedule has been adopted as a minimum schedule by the Division of Engineering of the Department of Insurance. To meet the requirements under the general statute, the following schedule shall be conducted in the jurisdiction of the Fire Department:
(a) Once every year: hazardous, institutional, high rise, assembly and residential (except one-family and two-family dwellings), and only interior common areas of dwelling units of multi-family occupancies;
(b) Once every two years: educational (except public schools) and industrial; and
(c) Once every three years: business, mercantile storage, churches and synagogues.
(D) Issuance of notice of violations by Fire Inspectors and civil penalties.
(1) Fire Inspectors of the Loss Control and Investigation Division are empowered to issue notices of violation when such Fire Inspectors have reasonable cause to believe that any person has violated any provision of the North Carolina State Fire Code, and any and all subsequent editions, amendments and appendices thereto recognized by the NC Department of Insurance, or of this chapter. The notice of violation may be delivered in person to the violator or, if the violator cannot be readily found, the notice of violation may be mailed. The notice of violation shall specify the amount of time given which the violation must be corrected and shall specify the penalty to be imposed if the violation is not corrected. The Fire Inspector will base the time limit for correction of violation on historical data, violations in the past, severity of violation and circumstances surrounding the violation. The penalty imposed shall be $200 for violations of the Fire Prevention Code or of this chapter. However, violations of Ch. 8, § 802, “Exit Obstruction”, and § 803, “Doors” (Locked Exit or Blocked), and “Overcrowding”, §§ 802.2, and 3101.13, of the Fire Prevention Code shall be deemed life safety violations which create imminent danger and shall subject the offender to a penalty of $1,000 for the first offense, $2,000 for the second offense and $3,000 for the third offense.
(2) If the violation is not corrected within the specified time and the penalty is not paid within the time allowed, the Fire Marshal may have a criminal summons issued against the violator for the violation of the North Carolina State Fire Code, and any and all subsequent editions, amendments and appendices thereto recognized by the NC Department of Insurance, or of this chapter. Upon conviction, the violator shall be subject, pursuant to the provisions contained in the North Carolina State Fire Code, and any and all subsequent editions, amendments and appendices thereto recognized by the NC Department of Insurance or pursuant to division (C)(1) above, to the penalty specified in the notice of violation.
(3) If the violation is not corrected within the specified time, the violator shall be guilty of a new and separate offense.
(4) Nothing in this section shall preclude the issuance of an arrest warrant where appropriate.
(E) Criminal violations. Any person who shall violate or fail to comply with any provision of this chapter or of the North Carolina State Fire Code, and any and all subsequent editions, amendments and appendices thereto recognized by the NC Department of Insurance, as adopted, amended or augmented by this chapter, or who shall violate or fail to comply with any order made under this chapter or the State Fire Code, and any and all subsequent editions, amendments and appendices thereto recognized by the NC Department of Insurance or who shall build in violation of any detailed statement or plans submitted under this chapter or the North Carolina State Fire Code, and any and all subsequent editions, amendments and appendices thereto recognized by the NC Department of Insurance, or any certificate or permit issued thereunder, shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned not more than 30 days. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such violations shall be corrected within the time specified pursuant to this section.
(F) Permits and fees. Applications for permits required pursuant to the North Carolina State Fire Code, and any and all subsequent editions, amendments and appendices thereto recognized by the NC Department of Insurance, shall be made to the Fire Marshal on forms provided by the city. All applications shall be accompanied by the applicable permit fee as established by the city. The required permit fees shall be set out in a fee schedule. Printed schedules of the permit fees shall be available to the public at the Fire Marshal’s office and shall be on file in the City Clerk’s office. The Fire Marshal is authorized to waive the permit fee for governmental, religious or charitable organizations.
(1) All permits and certificates that are required in the North Carolina Fire Code, and any and all subsequent editions, amendments and appendices thereto recognized by the NC Department of Insurance: $25;
(2) Installation of fire suppression system: $25 plus $1 per sprinkler head in said structure;
(3) Installation of underground or aboveground fuel tanks, piping and or system used for storage of any flammable or combustible liquids: $50;
(4) Installation of auto fire extinguisher system: $50; and
(5) Installation of auto fire alarm system: $50.
(G) Recommendation by Fire Marshal. It shall be the Fire Marshal who will investigate and recommend to the Chief of the Fire Department such additional ordinances, or amendments to existing ordinances, as he or she may deem necessary for safeguarding life and property against fire.
(H) Code deemed police power of city. The North Carolina State Fire Code, and any and all subsequent editions, amendments and appendices thereto recognized by the NC Department of Insurance, shall be deemed an exercise of the police powers of the city for the preservation and protection of the public health, peace, safety and welfare; and all the provisions of the Fire Code shall be liberally construed for that purpose.
(2005 Code, § 34-1) (Ord. passed 3-5-1979; Motion passed 2-1-1993)
Statutory reference:
Authority to adopt technical code by reference, see G.S. § 160A-76(b)